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Tina, Lawyer

Category: Legal

Satisfied Customers: 32933

Experience: JD, BBA Over 25 years legal and business experience.

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sorry about that, I will just paste the questions below, so

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sorry about that, I will just paste the questions below, so please wait

I was mentioning in my letter to the CEO that it can't be my performance, since even the last week of my employment another tester was using test cases written by me. So, logically one would think that my performance was at least as good, if not better. Also my boss was giving me a task to create a document of what was overlooked while testing, so later it can be addressed. You do not ask people who do not perform well to compile that sort of a document. I also mentioned in the same letter that I had some people from my homecountry sitting not far from me, we were conversing in our native language and they were telling me that if others use my test cases to do their own testing and if I am ask to create a document, I must be doing a good job. So, if the company changes its story and starts stating that I was let go because of performance, these people may find it strange. Do you agree that the no company would want their former contractors telling their present contractors that their company is hard and unfair?

2. Now that the recruiter told me that I was let go only because of the project being downsized, do you agree that it will make the company look bad if it states now that the recruiter misinformed me, since it tarnishes their reputation, if the recruiters with whom they do business lie

Do you agree that the no company would want their former contractors telling their present contractors that their company is hard and unfair?

ANSWER: Yes, most companies would want to avoid that, but you must make sure your statements are true so you do not risk being sued for interfering with the company's business. The scenario you set out does not indicate that your performance was an issue.

2. Now that the recruiter told me that I was let go only because of the project being downsized, do you agree that it will make the company look bad if it states now that the recruiter misinformed me, since it tarnishes their reputation, if the recruiters with whom they do business lie

ANSWER: Yes, if they or the recruited changes the reason for terminating the contract, that would make it appear they are unorganized at a minimum and possibly untrustworthy.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

1. would you say that most of the time when there are performance or interaction problems, an end-client would ask a recruiter to go and get that person out of the property. Getting a call on Sunday from a recruiter to go to the front of the end-client's building on Monday morning to give a badge to another recruiter, as happened to me, is more indicative of just a cutback.

2. as a clarification on above reply, so far the end-client has not told me why my contract ended. I will know more on Monday(if you remember from another thread, after contacting the integrity hotline they want to talk to me). So, so far nobody has changed the reason, but do you agree that if the end-client now attempts to give a reason something different from a downsize which the recruiter gave me, they are asking for trouble?

Having the recruiter get the person from the property is not more indicative of one thing over another in my experience.

Yes, if they change the reason given you for termination, that could suggest wrongdoing on their part. It is probably best to wait and see what action they take at this point since you expect to know more on Monday.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

you remember that I accepted in a previous thread and I promise to accept here. I just would like to prepare better for the conversation on Monday, so may I ask few more things.

1. Do you think that it is highly likely that if they told the recruiter that are downsizing, it must be indeed so and they are just letting go people who are somewhat beneath their expectations. In other words some people perform so poorly, so they get fired no matter what and some just fall under a wave of downsizing. Thus, it could be that I somewhat underperformed, but was let go not so much because of that, but mainly because they are downsizing?

2. Would you agree that companies give the recruiters the reason that they were downsizing to stay away from trouble, since if they give another reason they may be sued, so they just want a clean break?

1. Yes, often where a company is downsizing, their needs change so even people who are performing quite well may be cut as the company no longer has a need for their particular skill set.

2. That could be the case in some instances, although most of the time, the company will indicate why a particular employee is not working out. Of course I would not expect them to implicate themselves in unlawful discrimination or retaliation, but usually they give a fairly accurate assessment of the situation to recruiters since that aids the recruiters in locating employees in the future.

Usually I ask more than one question at a time, but this time I will just ask one, since it is very important. Last Sunday the recruiter called me to inform that the assignment is over and told me that it is because of the downsize, not because of my performance. Later I followed with an SMS stating that I also think that it is not the performance, since someone else was using the test cases (that is what testers write) to perform testing of his own. The recruiter replied to me, she was not trying to argue my statements, she just told me whom to meet on Monday to hand over my badge and gave that person's telephone number. So, I do not have a text where the recruiter stated that it was just the downsize, but I have a text message when I state that I do not think it was my performance and a text message in reply did not attempt to argue or refute my statements, it only mentioned the badge. Can that be enough to serve as evidence that the downsize was the reason the recruiter gave me? I am asking because these two text messages sit in my cell phone and I want to mention in my follow-up letter on the integrity hotline.

This is a new question and should be posted in a new thread according to the site's policies. I will be off-line most of the weekend, but if you wish to request me, please feel free to post the question in the box on my profile page. Thank you.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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